THE 1313th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, OCTOBER 5, 2009 @ 7:00 PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:00 pm by Mayor Roll, who led the Pledge of Allegiance and welcomed the public. Mrs. Williams, Mr. Bothman, Mr. Orr, Mr. Carter and Mr. Bischoff were present. City Attorney Heather McDougall, City Supervisor Dan Thede and City Clerk-Treasurer Glena L. Hook were also present.  Mr. McElmurry was absent.

Mayor Roll announced that the City of Libby has been awarded a Grant of $25,000 for the PER for the Wastewater Plant Project.

Mr. Bischoff made a motion to approve the Regular Meeting from September 14, 2009.
Mrs. Williams seconded the motion.
Motion passed.

Mt. Department of Transportation,  Shane Stack from Missoula spoke to the council about the planned Hwy. project starting at Larch St. and continuing southeast down Hwy. 2 to about the McGrade School area.  This would call for milling and filling the urban area along Hwy. 2 in that area.  The Department of Transportation is purposing increasing the area from a four lane to a five lane and would like to get the council and mayors thoughts on the idea.  The fifth lane would be a turning lane.  This would decrease the highway shoulders to approximately five foot.  Shane stated that the drawback would be that it would eliminate any parking that we now have along the highway.  The council stated that parking is not usually done on the highway.  The question was brought up about areas for snow piling.  Shane admitted that the area for snow piling would decrease.  Shawn asked for a letter of support from the mayor and council concerning this project. The mayor asked if there were any objections.  Mr. Orr stated his concerns about some businesses having to use the parking lane to back out of parking lots that are too small to turn around in.  The council and mayor discussed having the five lane start around the Poplar area, so that more businesses would be able to keep the shoulder at 10’ so that it could be used to back out on if needed.  Shane stated that if the mayor and council wanted to change the limits on where the five lane starts it would be perfectly acceptable to them.  Shane also stated that they will have engineering staff out of Helen to review this before they implement the striping change and stated that if there were parking issues they could change the starting area.  The state is willing to leave it as it is and Shane said it was entirely up to the City of Libby.  The Mayor stated the he personally supported the idea of having the five lanes for safety purposes and also stated that he didn’t think anyone at the meeting had any objections to the idea.  Mayor Roll also stated that at letter of support could be written and sent to the State with maybe a restriction to push the start of the five lanes out a little further.  Shane agreed to the statement by the mayor and thanked the council.

Mayor Roll gaveled the meeting closed at 7:15pm and opened the Public Hearings.

Lisa Oedewaldt made a presentation to the council concerning Millwork West Subdivision.  There was no Public Comment.  The council has until October 29, 2009 to approve or disapprove the subdivision.  Millwork West Subdivision will be put on the next agenda on October 19, 2009.

There was no Public Comment concerning the FY-10 Budget.  Public Hearing closed at 7:25pm and Regular Meeting was opened.

COMMITTEE REPORTS

Cemetery/Parks; None

Fire;  Fire Chief Tom Wood gave a report on the Libby Fire Department and stated that they were still working on the Grant for the new fire station.  Mr. Wood also told the council that Mt. Power and Equipment wanted to donate a four wheeler to the Fire Department and would do all the maintenance on the machine. Council Member Peggy Williams announced that she had done a walk through with the Forest Service on some property that they a talking about doing some fire mitigation on.  The Forest Service is looking for support letters from the City.  It will be put on the next agenda on October 19, 2009.

Resolution/Ordinances;  None

Personnel;  Council Member Bill Bischoff announced that they have a personnel issue that he could not discuss but should have a resolution for it fairly quickly.

Water/Sewer/Streets: Council Member Lee Bothman announced that the City of Libby was preparing for winter and hauling several loads from the Cabinet Heights area to the Little League Ball Fields.  Mr. Bothman also stated that the repairs to the reservoir has been completed.

Budget/Finance; None

Police;  Council Member DC Orr commented that he believed the city had a police commission now but didn’t believe any of the council had met them.  Mayor Roll stated that three persons were appointed and their names were Bill Cunnane, Rob Dufficy and Hugh Taylor.

UNFINISHED BUSINESS

Fire Suppression, Bob Payne;  Still in committee.  Council Member Lee Bothman announced that Mr. Payne made a proposal to the city that if all past due amounts were forgiven he would start paying for the present fire suppression.  It is to be put on next agenda October 19, 2009.

NEW BUSINESS

Trent Oelberg Skate Park; Mr. Oelberg stated he would like to see a skate park reopened in Libby.  Mr. Oelberg asked for a definition of the property that the city has allocated for a skateboard park.  Mr. Oelberg said that he understood that the property in between Hwy. 37 and the Libby Ballfield and 2nd Avenue East and the road that continues on the North was the property that was allocated for a skakeboard park.  Mr. Oelberg would like a firm conformation of this.  Mayor Roll stated the city would have to define the area a little better and stated that he would get in contact with Mr. Oelberg and that the area could be defined as early as the middle of next week.  Cressey Rice spoke next for the skateboard park and gave a presentation on skateboard parks and what they could be.  She stated that the area between the ball field and Hwy 37 would be a great spot for a skateboard park.  She also showed pictures of skateboard parks in other areas.  Don Penzotte who is a skate park designer and builder gave a presentation to the council and a proposal on a skate park in Libby.  Mr. Penzotte estimated $17,000 for phase one of the proposal being about 2,400 sq. ft.  Phase two totaling $160,000 at Phase 2 & 3 are priced $40,000 & $100,000 total area being about 12,000 sq. ft.  Mr. Penzotte stated that it would be a world class skate park.  Mr. Don Mueller spoke next about the skate park.  Mr. Mueller stated that when the old skate park was closed that the city supposedly put aside money for a new skate park.  Mr. Mueller stated he thought the amount was around $7,000.  It was stated that the college has records and Jerry Marquez could get the information.  The issue of a skateboard park is to be put on the next agenda October 19, 2009.

Brad Dotson spoke about Disc Golf (Folf).  He stated that the new Folf course would not be on city property, but they would like to put an extra 9 holes in and would like those to be put on city property.  The Parks Committee will discuss this and it will be put on the next agenda October 19, 2009.

Allen Olsen thanked Mr. Orr for his help on getting to speak to the council.  Mr. Olsen asked the council where the city gets its right to make laws for businesses in the county.  Mr. Olsen also wanted to know what prompted the law pushing him into a corner.  Mr. Olsen wanted to know why it started with him all of a sudden.  Mayor Roll explained that the amended Business License Ordinance went into effect the prior year.  Mr. Olsen wanted to know why he had been harassed and ticketed for not having a Business License and asked what jurisdiction the Clerk had over enforcing the law.  Mayor Roll explained to Mr. Olsen that the City Clerk did not have the jurisdiction to enforce the law but that the Clerk could ask a Business to purchase a Business License.  The City Clerk apologized to Mr. Olsen for making him feel like he was being harassed and stated that it was not her intention to harass him but to ask if he knew the ordinance on Business Licenses had been amended to include services inside the city limits.  Mr. Olsen stated that he would like to have a vote in the city.  Mayor Roll stated that Mr. Olsen’s request  to vote as someone who lived in the city limits could not be granted.  Council Member Carter stated that the State had laws but that State Laws could be changed by going to the legislature.  Mr. Orr stated that Mr. Olsen had two items he wanted to discuss.  One being a personnel item that could not be discussed in public but there were procedures for Mr. Olsen to be heard by the personnel committee and that all he had to do was request it.

Glena Hook, City Clerk/Treasurer provided the council with businesses that have not paid for a Business License for 2009 and asked the council for guidance on what steps they would like to take.  The council asked City Attorney Heather McDougall to look into the City Ordinance and make a fair and equitable recommendation.

Marvin Steele talked to the council about rules and regulations concerning bicycles.  Mr. Steele stated that there was no City Ordinance concerning bicycles and would like to see one.  Mr. Steele stated that he had been run into by a bicycle while in his car and because there is no City Ordinance concerning bicycles his Insurance paid heavily.  Mayor Roll stated that he would look into a bicycle ordinance and try to get something back on the books.

ANNOUNCEMENTS

 Mayor Roll announced that Peggy Williams, Ron Carter and himself would be attending the Montana League of Cities and Towns Conference Wednesday October 7th thru Friday October 9th, 2009.

There will be a special budget meeting Monday October 12, 2009 at 5:30pm.

Mayor Roll introduced the new City Attorney, Heather McDougall.

Mayor Roll announced the Retirement of the City Supervisor, Dan Thede.

COUNCIL ACTION/DISCUSSION

Mr. Orr made a motion to approve Edstrom Constructions 2nd draw request.
Mr. Carter seconded the motion.
Motion Passed.

Mrs. Williams made a motion to approve Payroll and Claims.
Mr. Bischoff seconded the motion.
Mr. Orr discussed paying the claim to Sitescape. He stated that a plan had been drawn up by Sitescape without council permission.
Mayor Roll stated that Council Member Peggy Williams had approached him and stated the need to progress and that sometimes decisions need to be made on a day to day basis by the Mayor.
Mr. Carter made comments.
Motion Passed.

HEAR THE PUBLIC

Peggy Oelberg of Kootenai River Rd., Libby wanted to know if children’s playground equipment would be put in at River Front Park.  Mayor Roll stated that he assumed there would be at some point.

Allen Olsen of Hwy 2 Libby wanted to know why the Tree Board and Libby Revitalization didn’t post meetings and agendas monthly. Vickie Lawrence stated that she is not aware that meetings and agendas have to be posted.

ADJOURNMENT

Meeting was adjourned at 8:47pm.

_________________________

Attest:

Mayor Doug Roll

City Clerk/Treasurer Glena L. Hook

                                                                                     

                                                                                     

APPROVED SPECIAL COUNCIL MEETING FY-10 BUDGET OCTOBER 12, 2009 @ 5:30PM IN THE COUNCIL CHAMBERS

The meeting was called to order @ 5:32pm by Mayor Roll who led the Pledge of Allegiance.

Mrs. Williams, Mr. Bothman, Mr. Carter and Mr. Bischoff were present.  Mr. Orr and Mr. McElmurry were absent.  The City Clerk/Treasurer Glena L. Hook was also present.

Mr. Bischoff made a motion to approve Resolution # 1743 making of Tax Levy FY-10.
Mr. Carter seconded the motion.
Motion Passed.

Mr. Carter made a motion to approve Resolution # 1744 fixing Annual Budget FY-10.
Mr. Bothman seconded the motion.
Motion Passed.

The meeting was adjourned at 5:48pm by Mayor Roll.

________________________________

Attest:

Mayor Doug Roll

City Clerk /Treasurer Glena L. Hook

                                                                                     

                                                                                     

THE 1314th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, OCTOBER 19, 2009 @ 7:00 PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:02 pm by Mayor Roll, who led the Pledge of Allegiance and welcomed the public. Mrs. Williams, Mr. Bothman, Mr. Orr, Mr. Carter, Mr. McElmurry and Mr. Bischoff were present. City Attorney Heather McDougall and City Clerk-Treasurer Glena L. Hook were also present.

Mr. Orr  made a motion to approve the Regular Meeting from October 5, 2009 with corrections and the Budget Meeting from October 12, 2009.
Mr. Carter seconded the motion.
Motion passed.

COMMITTEE REPORTS

Cemetery/Parks; Peggy Williams spoke for the Parks Committee and had a two part recommendation for the Skateboard Park area.  The first one was that the area that was originally chosen for the Skateboard Park is too small for the size of Park that the skateboard group is proposing to put in the area. Mrs. Williams said that the skateboard group either needs to find a new area or downsize the proposed skateboard park.  Second, Mrs. Williams said that the fund raising and operations would have to be done by the user group.  Trent Oelberg speaking for the Skateboard Group stated that he thought there was plenty of room for the skateboard park in the chosen area.  Mayor Roll stated that the Parks Committee needed to meet with the Skateboard Group and hammer something out.  The Committee will meet with the Skateboard group around 4:00pm on Wednesday October 21, 2009.

Fire; NA

Resolution/Ordinances; NA

Personnel; Mr. Bischoff of the Personnel Committee stated that the Personnel Committee is working on an issue concerning FMLA and that the committee agrees that Sick and Vacation should remain in the policy to be used simultaneously with FMLA.

Water/Sewer/Streets: NA

Budget/Finance; NA

Police; NA

UNFINISHED BUSINESS

Fire Suppression, Bob Payne; Still in committee.

Millwork West Subdivision;
Mr. Carter made a motion to approve the Millwork West Subdivision.
Mr. Bischoff seconded the motion.
Motion Passed.

Disc Golf, (Folf); Mrs. Williams stated that the committee did not make it to the Folf because of the pouring rain.  Mrs. Williams also stated that they will meet there at 10:00am Wednesday.

Ed Levert spoke for the Forest Service on the Fire Mitigation in the Flower Creek area.  Mr. Levert stated that a letter of support from the council is very important.  Malcom Edwards of the Forest Service spoke next stating the importance of reducing fuels in the forest so that when there are fires they are more manageable.  Council Members Peggy Williams and Ron Carter will compose a letter of support and present it at the November 2, 2009 meeting.

NEW BUSINESS

Morrison-Maierle, Ryan Jones spoke to the council about the roads in the Cabinet Heights Project.  Ryan asked the council to decide if they would like to keep the original proposal to patch the roads or to double chip seal the roads in the Cabinet Heights Project.  Ryan stated the cost of chip sealing would be approximately $116,000 over the bid amount which would dip into the contingency dollars or possibly the City could come up with the money through City funds.  The mayor state this will be put on the next agenda.

Kandis Peterson of the Care Center could not make the meeting.  Mayor Roll stated that Mrs. Peterson wanted to talk to the council about the need to replace or redo the sidewalks from the Care Center to downtown Libby.  Mrs. Peterson has asked to be put on the next agenda.

Victor Ketellapper gave an update on the EPA cleanup.  Mr. Ketellapper stated that 137 properties have been cleaned up in 2009, 74,288 cu. yds. of soil has been removed and 20,000 cu. yds. of soil has been removed from the golf course.  The next update that Mr. Ketellapper spoke of was of the OU1 & 2 site.  Mr. Ketellapper stated that the comment period has been extended to December 16, 2009.  Victor Ketellapper purposed a working committee meeting with the EPA during the week of November 16th, 2009.

Alan Berger of MIT gave a report on the help he believes his group can provide the city concerning redevelopment and problem solving on some of the cleanup sites in the community.  The council was invited to meet further with Mr. Berger at 10:00am Tuesday morning at the EPA Office in Libby.

 ANNOUNCEMENTS

The Mayor announced the retirement party for Dan Thede is to be in the Council Chambers on October 30, 2009 between the hours of 2:00pm and 5:00pm.

COUNCIL ACTION/DISCUSSION

HEAR THE PUBLIC

ADJOURNMENT

Meeting was adjourned at 8:01pm.

_________________________

Attest:

Mayor Doug Roll

City Clerk/Treasurer Glena L. Hook